A Federal High Court in Abuja has ordered the court bailiff to serve the subpoena on former president, Goodluck Jonathan to appear as witness in the trial of former PDP spokesman, Olisa Metuh.
Justice Okon Abang ruled that the ex- president is not to blame for his absence, as the bailiff ought to do more to effect service.
He said Section 124 of Administration of Criminal Justice Act (ACJA) authorises the defendant to make arrangements with bailiff for service.
The court has adjourned till October 31 for hearing.
Earlier, the court bailiff failed to serve Jonathan the subpoena to appear in court in his Abuja residence as directed by the judge on Tuesday.
Also, the Department of State Services (DSS) failed to produce Dasuki, who is still in custody over alleged diversion of $2.1bn arms funds.
Counsel to the Economic and Financial Crimes Commission (EFCC), Sylvanus Tahir asked Justice Okon Abang to order the service directly on the Director General of the DSS for Dasuki.
Tahir suggested that the bailiff should be empowered to effect serve Jonathan by substituted means.
But Metuh’s counsel, Onyechi Ikpeazu (SAN) argued that the bailiff cannot apply for substituted means of service because he has not shown the efforts made to serve the former president.
“Not being satisfied that he had done all he needed to be done, we cannot at this stage bring an application for substituted service, ” he said.
Justice Abang had earlier dismissed Dasuki’s application challenging his subpoena on the grounds of jurisdiction.
Metuh, who is facing seven count charges alongside his company, Destra Investment Ltd, for allegedly receiving the sum of N400m from former NSA, Dasuki had argued that both witnesses are important for the trial.